Wednesday, 13 November 2013

STATE POLICE TO PAY NO HEED TO APEX COURT'S ORDER FOR F.I.R.


The Apex court of the country have made a historical order, yesterday, to make mandatory for the Police station to lodge a F.I.R., throughout the country. The decision of the Supreme Court has been hailed by many press media, in their Editorials. The Apex Court did not failed to mentioned, in their order, that the concerned Police officer shall be held responsible, in case of failure to lodge the F.I.R. and shall be liable for the punishment.

It is really a very common phenomenon among different Police stations, irrespective of the state, that they generally try to avoid to lodge a F.I.R. except of the heinous crimes, committed by the law offenders, there are several reasons for their avoidance of registering the crime. 

Some time, even, the state head machinery, in order to keep their crime graph level in control, they, usually, do not pay too much heed to pressurize the concerned Police officials to make it essential to register a FIR of the victims, though, it is being well felt that mere registering a F.I.R is not going to give too much of moral boosting to the victims, since too much of corruption is prevailing in the Police department.

If, we go for the analysis of the case history of the film actress Jiya Khan’s death, the Mumbai Police, at the initial, have registered the case, as a suicide and the same theory was circulated by the concerned Police station, throughout the country, through the Electronic and Press media, though, the mother of Jiya Khan have lodged a F.I.R, against the Mr. Suraj Puncholi, the son of one time film actor Aditya Puncholi, who was being sent to jail and later got a bail. In the recent finding of the Forensic report of the dead Jiya Khan, the revelation was much more shocking.

However, the present order of the Supreme Court may be binding on the entire state’s Police department, resultant of the order, there may be a reduction on the Magisterial Court to order to lodge a FIR to the concerned Police station, in connection with 156/3 for the victims, but the Apex Court did not mentioned the specific punishment to the concerned Police officer, who will fail to abide the order of the Supreme Court.

According to the reporting of the Press Media, it is being felt that the said order may also create confusion, while making interpretation of the order, which says that no arrest shall be made by the Police, until and unless the  investigation is completed by the concerned Police Thana, even the F.I.R. is being lodged. 

If the interpretation is being taken in the same way, then Investigating officer shall get more power to bargain with the culprit, in question. While using the same interpretation, the culprit may get the privilege to go to the High Court for preventing the arrest. Though it is being felt that the Press Media and Advocates have not read the entire judgment report of the Apex Court, so far.

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